alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 22

- 11012 Summary Calendar

**____________ United States of America,** 
Plaintiff

— Appellee **,**

versus
**Tony Gonzalez,**
Defendant

— Appellant

**.**

**______________________________** Appeal from the United States District Court for the Northern District of Texas USDC No. 2:19

- CR

- 40

- 1

**________________________ ______**  Before **Jones, Haynes,** and **Oldham,** Circuit Judges

**. Per Curiam**  **:** *****

The Federal Public Defender appointed to represent Tony Gonzalez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Gonzalez has not filed a response. We have reviewed

**_____________________**

* Pursuant to **5th Circuit Rule** 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Circuit Rule** 47.5.4

. United States Court of Appeals Fifth Circuit 

### FILED March 31, 2023 Lyle W. Cayce Clerk Case: 22-11012 Document: 00516697300 Page: 1 Date Filed: 03/31/2023No. 22

- 11012

2 counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is **GRANTED** , counsel is excused from further re sponsibilities herein, and the appeal is **DISMISSED**

. See **5th Cir. R.** 42.2

. Case: 22-11012 Document: 00516697300 Page: 2 Date Filed: 03/31/2023
|   | (1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------|

|   | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

|                        |   |   |   |   |
|-----------------------------|--------|--------|--------|--------|
|                        |   |   |   |
| Dated: April 15 , 2009 |   |   |   | By:    |   | /s/   Eddie Vakser |
|                        |   |   |   |   |   | Eddie VakserChief Executive Officer |

----
Exhibit 13.2

CERTIFICATION OF LUKA MUCIC, CHIEF FINANCIAL OFFICER OF SAP SE

PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of SAP SE (the Company) on Form 20-F for the period ending December 31, 2014, as filed with the Securities and Exchange Commission on March 20,
2015 (the Report), the undersigned hereby certifies that, to his knowledge:



|1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|-- | ---------------------------------------------------------------------------------------------------------------------



|2. | The information contained in the Report fairly presents in all material respects the financial condition and results of operations of the Company.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |  |  |        |  |                         |  | 
|------------------- |  |  |  | ------ |  | ----------------------- |  | 
|Date March 19, 2015 |  |  |  |        |  | /s/ Luka Mucic          |  | 
|                    |  |  |  | Name:  |  | Luka Mucic              |  | 
|                    |  |  |  | Title: |  | Chief Financial Officer |  | 

The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not being
filed as part of the Report or as a separate disclosure document.
#### Lucille Witz, Appellant, v Renner Realty Corp. et al., Defendants, and Elizabeth S. Callagy et al., Respondents.

Order, Supreme Court, New York County (John Bradley, J.), entered on April 4, 1984, unanimously affirmed, without costs and without disbursements; and motion for leave to file a surreply brief denied. No opinion. Concur — Sullivan, J. P., Ross, Bloom, Kassal and Ellerin, JJ.
# C_2020201EN.01002301.xml

| 15.6.2020 | EN | Official Journal of the European Union | C 201/23 |
| --- | --- | --- | --- |

15.6.2020

EN

Official Journal of the European Union

C 201/23

---

Order of the General Court of 2 April 2020 — SQlab v EUIPO (Innerbarend)

(Case T-307/19) (1)

(Action for annulment - EU trade mark - Application for EU word mark Innerbarend - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - Action manifestly lacking any foundation in law)

(2020/C 201/33)

Language of the case: German

Parties

Applicant: SQlab GmbH (Taufkirchen, Germany) (represented by: A. Koelle, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Söder, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 18 March 2019 (Case R 2180/2018-4) relating to an application for registration of the word sign Innerbarend as an EU trade mark.

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | SQlab GmbH is ordered to pay the costs. |
| --- | --- |

2.

SQlab GmbH is ordered to pay the costs.

---

(1)  OJ C 230, 8.7.2019.

---
Exhibit 13.1
 CERTIFICATION OF BILL MCDERMOTT, CO-CHIEF EXECUTIVE OFFICER OF SAP AG
PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and2.
    
    The information contained in the Report fairly presents in all material
respects the financial condition and results of operations of the Company.
 Date
March 18, 2011
    
    By:
    
    /s/ Bill McDermottName:
    
    Bill McDermottTitle:
    
    Co-Chief Executive Officer
Unassociated Document


    Exhibit
10.1

    Harbin
Electric, Inc.

     

    No.
9, Ha Ping Xi Lu, Ha Ping Lu Ji Zhong Qu

     

    Harbin
Kai Fa Qu, Harbin, China 150060

    December
7, 2009,

    effective
as of July 1, 2009

    


    Shelton
Technology LLC

    1685 W.
Hamlin Road

    Rochester
Hills, MI 48309

    Attention:
Shaotang Chen

     

    Third
Amendment to the Letter Agreement

     

    Reference
is made to a certain Letter Agreement, dated as of April 9, 2007 (the “Agreement”), as
amended by that certain Amendment to the Letter Agreement, dated as of December
11, 2008 and as amended by that second Amendment to the Letter Agreement, dated
April 21, 2009 (the “Second Amendment”), between Harbin Electric, Inc., a Nevada
corporation, and Shelton Technology, LLC, a Michigan limited liability
company.  Capitalized terms used herein that are not defined shall
have the respective meanings given to them in the Agreement.

     

    Section
3(a) of the First Amendment is amended by changing the date June 30, 2009
to December 31, 2009 (thereby extending the Term through such
date).

     

    The first
sentence of Section 4 is amended to read as follows:

     

    By notice
given to Shelton by December 31, 2009, each of Harbin and the Venture shall have
the right to require Shelton to contribute to the Venture the Licensed Assets
and the Customer Accounts, free and clear of Liens (as defined in Section 8(e)),
in consideration for a limited liability company interest in Venture entitling
Shelton to a 49% share of Venture’s profits, losses, and distributions of its
assets.

    


    Except as
expressly amended or waived or otherwise specifically provided herein, all of
the terms and conditions of the Agreement shall remain in full force and
effect.

    


    Please
acknowledge your agreement to the foregoing, by signing in the space provided
below.

     

    
      	 
      	
              Very
      truly yours,

            
	 
      	
              HARBIN
      ELECTRIC, INC.

            
	 	 	 
	 	 	 
	 
      	
              By:

            	
              /s/
      Tianfu Yang                      
      

            
	 
      	
              Its:

            	
              Chairman
      and Chief Executive Officer

            


    

    CONSENTED
AND AGREED TO:

    SHELTON
TECHNOLOGY, LLC

     

    By: /s/ Julie Chen        

    Its:
Director
# C_2019295EN.01005301.xml

| 2.9.2019 | EN | Official Journal of the European Union | C 295/53 |
| --- | --- | --- | --- |

2.9.2019

EN

Official Journal of the European Union

C 295/53

---

Action brought on 2 July 2019 — Bonsignore v Parliament

(Case T-430/19)

(2019/C 295/69)

Language of the case: Italian

Parties

Applicant: Vito Bonsignore (Turin, Italy) (represented by: M. Merola, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

| — | declare non-existent or annul in its entirety the measure of which the applicant was informed by means of the contested communication, in which the European Parliament re-determined retirement pension rights and ordered recovery of the amount paid on the basis of the earlier pension calculation; |
| --- | --- |

—

declare non-existent or annul in its entirety the measure of which the applicant was informed by means of the contested communication, in which the European Parliament re-determined retirement pension rights and ordered recovery of the amount paid on the basis of the earlier pension calculation;

| — | order the European Parliament to refund all the sums unduly withheld, and to pay statutory interest from the date of withholding to the date of payment and order the European Parliament to implement the judgment and undertake all the necessary initiatives, acts or measures to ensure the immediate, full re-establishment of the original pension amount; |
| --- | --- |

—

order the European Parliament to refund all the sums unduly withheld, and to pay statutory interest from the date of withholding to the date of payment and order the European Parliament to implement the judgment and undertake all the necessary initiatives, acts or measures to ensure the immediate, full re-establishment of the original pension amount;

| — | order the European Parliament to pay the costs. |
| --- | --- |

—

order the European Parliament to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied on in Case T-389/19, Coppo Gavazzi v Parliament.

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-4601-DR: Docket ID FEMA-2021-0001]

# AGENCY:

Federal Emergency Management Agency, Homeland Security (DHS).

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Tennessee (FEMA-4601-DR), dated May 8, 2021, and related determinations.

# DATES:

This amendment was issued June 22, 2021.

# FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Tennessee is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of May 8, 2021.

Marion County for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2021-15637 Filed 7-21-21; 8:45 am]

BILLING CODE 9111-23-P
# C_2019213EN.01006201.xml

| 24.6.2019 | EN | Official Journal of the European Union | C 213/62 |
| --- | --- | --- | --- |

24.6.2019

EN

Official Journal of the European Union

C 213/62

---

Action brought on 15 April 2019 — BG v Parliament

(Case T-253/19)

(2019/C 213/60)

Language of the case: English

Parties

Applicant: BG (represented by: L. Levi, A. Champetier and A. Tymen, lawyers)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

| — | annul the European Parliament’s decision of 18 May 2018 terminating the applicant’s contract; |
| --- | --- |

—

annul the European Parliament’s decision of 18 May 2018 terminating the applicant’s contract;

| — | if needed, annul the European Parliament’s decision of 4 January 2019 rejecting the applicant’s complaint of 16 August 2018, notified on 9 January 2019; |
| --- | --- |

—

if needed, annul the European Parliament’s decision of 4 January 2019 rejecting the applicant’s complaint of 16 August 2018, notified on 9 January 2019;

| — | order the defendant to compensate the applicant for the non-material damage suffered as a result of the fault of the defendant, evaluated at the sum of EUR 50 000; |
| --- | --- |

—

order the defendant to compensate the applicant for the non-material damage suffered as a result of the fault of the defendant, evaluated at the sum of EUR 50 000;

| — | order the defendant to bear the costs. |
| --- | --- |

—

order the defendant to bear the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

| 1. | First plea in law, alleging breach of the duty to state reasons and of the procedural rules applicable in the case of termination of the contract in question. |
| --- | --- |

1.

First plea in law, alleging breach of the duty to state reasons and of the procedural rules applicable in the case of termination of the contract in question.

| 2. | Second plea in law, alleging violation of Articles 12a and 24 of the Staff Regulations and in this connection infringement of the right to have one’s affairs handled impartially and fairly, violation of the duty to act diligently and manifest error of assessment. |
| --- | --- |

2.

Second plea in law, alleging violation of Articles 12a and 24 of the Staff Regulations and in this connection infringement of the right to have one’s affairs handled impartially and fairly, violation of the duty to act diligently and manifest error of assessment.

---
**Exhibit 31.2**

 

**CERTIFICATION**

 

I, Joel Boyarski, certify that:

 

1.             I have reviewed thisquarterly report on Form 10-Q of WorldGate Communications, Inc.;

 

2.             Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.             Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.             Theregistrant’s other certifying officers and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

a)             Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

b)            Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures as of the end of the period covered by thisreport based on such evaluation; and

 

c)             Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fourth fiscalquarter that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s control over financial reporting;

 

5.             Theregistrant’s other certifying officers and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent function):

 

a)             Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

b)            Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 
| Dated: | May 16, 2005 | /s/ JOEL BOYARSKI          |   |
|--------|--------------|----------------------------|--------|
|   |         | Joel Boyarski              |
|   |         | *Chief  Financial Officer* |

 

----
# C_2020271EN.01003602.xml

| 17.8.2020 | EN | Official Journal of the European Union | C 271/36 |
| --- | --- | --- | --- |

17.8.2020

EN

Official Journal of the European Union

C 271/36

---

Judgment of the General Court of 25 June 2020 — Nitto Pharmaceutical Industries v EUIPO — Chiesi Farmaceutici (NOSTER)

(Case T-550/19) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark NOSTER - Earlier EU word mark FOSTER - Relative ground for refusal - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2020/C 271/46)

Language of the case: English

Parties

Applicant: Nitto Pharmaceutical Industries Ltd (Kyoto, Japan) (represented by: P. Voutilainen, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Chiesi Farmaceutici SpA (Parma, Italy) (represented by: C. de Callataÿ and T. de Haan, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 May 2019 (Case R 2279/2018-5), relating to opposition proceedings between Chiesi Farmaceutici and Nitto Pharmaceutical Industries.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Nitto Pharmaceutical Industries Ltd to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Chiesi Farmaceutici SpA. |
| --- | --- |

2.

Orders Nitto Pharmaceutical Industries Ltd to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Chiesi Farmaceutici SpA.

---

(1)  OJ C 337, 7.10.2019.

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Retirement Thrift Investment Board

# DATES:

July 27, 2021 at 10:00 a.m.

# ADDRESSES:

                        Telephonic. Dial-in (listen only) information: Number: 1-415-527-5035, Code: 199 692 9177; or via web:                         *https://tspmeet.webex.com/​tspmeet/​onstage/​g.php?​MTID=​e7c1325195f4c80b0f92bbfae0aab8be6*.                    

# FOR FURTHER INFORMATION CONTACT:

Kimberly Weaver, Director, Office of External Affairs, (202) 942-1640.

# SUPPLEMENTARY INFORMATION:

## Board Meeting Agenda

### Open Session

1. Approval of the June 29, 2021 Board Meeting Minutes

2. Monthly Reports

(a) Participant Activity Report

(b) Legislative Report

3. Quarterly Reports

(c) Investment Performance

(d) Budget Review

(e) Audit Status

4. Internal Audit Update

5. Converge Update

### Closed Session

6. Information covered under 5 U.S.C. 552b(c)(9)(B).

*Authority:*5 U.S.C. 552b(e)(1).                

Dated: July 15, 2021.

Dharmesh Vashee,

General Counsel, Federal Retirement Thrift Investment Board.

[FR Doc. 2021-15471 Filed 7-20-21; 8:45 am]

BILLING CODE P
EXHIBIT 31.2



CERTIFICATIONS UNDER SECTION 302



I, David M. Wurzer, certify that:



1. I have reviewed this Amendment No. 1 to Quarterly Report on Form 10-Q/A of CuraGen Corporation;



2. Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.



Date: April 11, 2005



|                                                                            
|----------------------------------------------------------------------------
|/s/ David M. Wurzer                                                         
|David M. Wurzer                                                             
|Executive Vice-President, Chief Financial Officer                           
|and Treasurer (principal financial and accounting officer of the registrant)